Warning and termination: What employees should know

Warning and termination: What employees should know

The topics related to labor law and the associated warning are a common source for questions and concerns with employees and employers. In particular, the question of how many warnings can ultimately lead to termination concerns many people. It is important to understand the legal foundations that determine protection against dismissal in German labor law.

A warning is pronounced by the employer in order to complain about misconduct by the employee. The Labor Chamber of the Saarland defines the warning as a clear disapproval, which usually also includes the threat of labor law consequences. This measure is not mere formalism, but has clear legal consequences. In the event of misconduct, the possibility of termination is indicated that the behavior should not be changed.

essential factors of a legally effective warning

So that a warning is legally valid, there are certain requirements that must be met. This includes a precise description of the misconduct and the determination of the specific obligations of the employees. It is also important that the warning contains a clear request to change behavior and that the possible consequences are explained in the event of further violations. Only under these conditions can the warning be considered effective, which is of crucial importance for all parties, i.e. employees and employers.

An important aspect is that termination in the employment relationship cannot simply be pronounced on the basis of a first warning. The German Press Agency (dpa) explains that several warnings are usually necessary when it comes to minor violations. In the event of serious misconduct, however, a single warning may already be enough to have a termination. The respective situation and severity of misconduct are decisive here.

The role of behavioral termination

If there is a question of termination that happens due to misconduct by the employee, the employer must always keep in mind that such a termination should be used as a “last remedy”. This means that a warning should take place beforehand. This warning not only has the practical purpose of documenting errors, but also a warning function. It should give the employee the opportunity to change his behavior.

In some special cases, however, a prior warning can be dispensed with. This is possible if the misconduct is so serious that the basis of the employment relationship is seriously endangered or if it is clear that the employee concerned is not willing to change his behavior. Such serious breaches of duty could be given, for example, in cases of theft, insult or other criminal acts against the employer.

In today's world, in which labor law is constantly changing, it is becoming increasingly important to be clear about the rights and obligations as an employee or employer. The uncertainty about the consequences of a warning and the impact on the employment relationship can easily lead to stress. Therefore, it is advisable to inform yourself in good time and, if necessary, take legal support.

warnings and their consequences in labor law

Finally, it can be stated that warnings play a fundamental role in German labor law. They are not only an indication of misconduct, but also a legal instrument that can lead to termination in certain cases. It is of the utmost importance that both employees and employers understand the legal framework in order to be able to react appropriately in the event of conflicts. A better understanding of one's own rights and obligations can not only help to avoid conflicts, but also to make it easier to deal with existing problems.

The importance of warnings in labor law

warnings play a central role in German labor law because they offer both the employer and the employee clearly defined scope for action. They are an instrument for documenting misconduct and communicating a formal request to change behavior. It is crucial that the employer grants the warning in writing to create a clear legal situation.

In addition, the warning also serves the legal protection of the employee. The written determination of the symptoms ensures that the employee is informed of the exact expectations and the possible consequences for further violations. This is important so that the termination in the event of repeated misconduct actually has legally existed.

Current legal developments in labor law

In recent years there have been numerous developments in labor law, especially with regard to the protection of employee rights. For example, various regulations were implemented both by the European Union and national laws that aim to prevent abuse and arbitrary dismissals.

An example of this is the law to promote the transparency of working conditions that came into force in summer 2022. This law is intended to ensure that employees are comprehensively informed about their rights, which in turn could reduce the number of misconduct and associated warnings. Employers must now provide clearer information on working conditions, remuneration and the rights of employees in order to prevent legal consequences.

relevant statistics on labor law

A current survey by the Institute for Labor Market and Vocational Research shows that around 30% of employees in Germany have already received a warning. Around 10% of the cases then lead to termination. The most common reasons for warnings are unexcused absence, refusal to work and a lack of performance. This makes it clear that warnings in various industries often occur and it is therefore important for employees to be clear about their rights and obligations.